01.01This UPPS describes the procedures
for a reduction in force (RIF) for regular staff employees. This policy does
not apply to non-student, non-regular employees.

01.02The university will
make reasonable accommodation in RIF decisions without
regard to an employee’s race, color, sex, religion, national origin, age,
sexual orientation, veteran’s status, physical or mental disability.

The university will
not use a RIF as a substitute for terminating an employee for disciplinary
reasons.

01.03The president
must approve any action taken under this policy or any exception to this
policy.

02.DEFINITIONS

02.01The
following definitions describe the terms used in this UPPS:

a.Reduction in Force
(RIF): a reduction in the number of staff employees as needed and directed by
university administration;

b.Recall: the
non-competitive process in which the university re-hires former staff employees
terminated by a RIF during the first eighteen months after termination;

c.Re-hire: a
competitive process in which the university re-hires a former employee
following a RIF under normal university posting procedures;

d.Reassignment: a
non-competitive offer to transfer an employee to a vacant position in lieu of a
RIF termination; and

e.Organizational
Unit: a division, department, or other organizational unit designated by the
appropriate vice president.

03.PROCEDURES FOR PLANNING A RIF

03.01The appropriate
account manager and vice president should consider these steps before
initiating a RIF:

a.document the
financial conditions necessitating the RIF;

b.identify the staff
reduction goals in terms of labor savings and the number of affected university
positions;

c.identify the job
functions and skills essential to operations following the RIF;

d.review the
university’s and each division’s strategic plan;

e.set a timetable for
carrying out the RIF;

f.check state laws
regarding payment of wages, benefits (possible COBRA and unemployment and
severance), and personnel record access; and

g.consult Human
Resources.

03.02As an
alternative to a RIF, university administration may consider reducing the
salaries of employees subject to the RIF, along with other options.

04.SELECTION CRITERIA OF EMPLOYEES FOR
RIF

04.01Prior to implementing
a RIF, the divisional vice president and account manager will assess their work
force and select the functional areas for the RIF. In all instances, they will
use university needs as the primary consideration when determining the areas
selected for the RIF.

04.02Management will
designate positions subject to the RIF except as provided below for positions
with the same job title, same supervisor, in the same organizational unit.

Management will use
two criteria when considering RIFs involving positions with the same job title,
same supervisor, and in the same organizational unit (see definition in Section
02.):

a. job performance as
documented by the average of the three most recent performance evaluations; and

b.years of service at
the university.

The university will quantify these two criteria by using the
numerical scores in the example noted below. Employees will receive a score for
each criterion, with the employees scoring the lowest combined score being
separated.

Example: Assignment of numerical score by criteria

Criteria A: Job Performance

Level (Avg. of last 3 performance evaluations)Score

Below Standard0

Standard20

Performance Appraisal Score: 301-35030

Performance Appraisal Score: 351-40040

Performance Appraisal Score: 401-450 50

Performance Appraisal Score: 451-500 60

Criteria B: Years of Service

LevelScore

1-5 years of service10

6-10 years of service15

11-15 years of service20

16-20 years of service25

21-25 years of service30

26-30 years of service35

31-35 years of service40

Over 35 years of service45

Example: This method applied to individual employees by
organizational unit and job classification.

Accounting Clerk II:Accounting Department

Name of EmployeeCriteriaScore

Employee AJob
Performance (310)30

Years
of Service (6)15

45
Total

Employee BJob
Performance (300)20

Years
of Service (5)10

30
Total

Employee CJob
Performance (315)30

Years
of Service (5)10

40
Total

In the above examples, the university would select Employee
B for the RIF.

EXCEPTION: In
situations where more than one employee with the same title reports to the same
supervisor but performs different functions requiring different skill sets
relative to the ongoing essential needs of the organizational unit, management
may retain the employee with the special skill set outside the provisions of a.
and b. of this section. The president must approve any retention under this
exception.

04.03If an account manager identifies a position
held by an employee hired under a veteran’s preference for a RIF, the account
manager must grant the veteran the preference to retain employment over other
employees withthe same job title reporting
to the same supervisor, provided the preference conditions still apply.

05.PROCEDURES
FOR REDUCTION IN FORCE

05.01The president
must approve a RIF. Account managers will recommend to their respective vice
president an area for consideration for a RIF. Each vice president will
communicate their final recommendation to the president.

05.02The appropriate
vice president will identify all positions recommended for any RIF and ensure
compliance with university policies and procedures. The appropriate vice
president will notify Human Resources at least forty-five working days before
the planned date of any RIF.

05.03Human Resources
will review any RIF selections in conjunction with the
appropriate vice president prior to the implementation of a RIF and will notify
the president and appropriate vice president of any problems related to the
implementation of this policy as it pertains to a RIF.

05.04The appropriate vice
president will prepare the RIF notification to inform employees of the RIF.

05.05The appropriate vice
president will give affected employees at least thirty days’ notice using the RIF notification letter format (available under Human Resources Forms from the HR website)
before the actual termination date. Human Resources shall then receive written
notification of the name, ID Number, job title, home phone number and address
of each employee selected for RIF in order to maintain a recall list and
coordinate employee benefits.

05.06Human Resources will
provide the employee with a packet of helpful information including
instructions for applying for and receiving unemployment benefits and how to
apply for Texas State University and other public employer job vacancies.

06.EMPLOYEE
OPTIONS

06.01An employee who
has received a notification of the RIF may elect one of the following options:

a.accept the RIF
status as of the effective date;

b.submit a notice of
resignation from employment effective no later than the RIF date;

c.elect retirement,
if eligible (retirement will waive eligibility for appeal or recall under this
policy); or

b.The university will
restore the sick leave balance at the time of the RIF if Texas State or any
state agency or institution of higher education rehires the individual to a
regular position within twelve months.

c.If allowed by
COBRA regulations and the conversion provisions of the insurance policy, the
employee may continue coverage in the group health and dental insurance plans.
The employee must pay the total monthly premium for the coverage.

d.Time spent in a
RIF status will not count toward total state service, state or university
longevity, seniority or retirement.

e.The university
will provide a prorated refund of parking and other fees that are normally
prorated.

08.PROCEDURES
FOR CONSIDERATION FOR RECALL

08.01The recall applies
only to the specific person who was subject to the RIF, not to a
university-wide pool.

Human Resources will maintain a list of employees who have
been separated under a RIF. Eligibility for recall consideration runs for a period of
eighteen months from the date the employee was separated. A recall under this policy provides for a non-competitive
offer of reinstatement of an employee to their former position or a position
with the same job classification.

If Human Resources cannot locate an employee, or if the
employee declines the first two job offers, Human Resources will remove the
employee’s name from the recall list. The employee will forfeit any remaining
recall opportunities.

08.02The university
will pay recalled employees at the rate budgeted for the position.

09. PROCEDURES
FOR CONSIDERATION FOR REHIRE

09.01Under the rehire
provisions, the university will fill each vacancy through its normal
competitive hiring process.

09.02The university
will pay rehired employees at the rate budgeted for the position.

10. REASSIGNMENT
PROCEDURES

10.01In lieu of a
RIF, the appropriate vice president may offer to reassign an employee to
another vacant position within the same division.

10.02The university
may offer reassignment at a position with either a higher, lower or equivalent
pay plan minimum. The employee’s rate of pay will fall within the pay range for
the position assigned.

10.03An employee who
accepts reassignment under this policy waives the right to appeal the action.

10.04Employees who reject
offers of reassignment may avail themselves of the options described in Section
06. or may subject themselves to recall or rehire as
described in Sections 08. and 09.

11. PLACEMENT
EFFORTS

11.01The university
will permit employees designated for RIF termination
to use accrued vacation leave and compensatory time leave to interview for
other jobs within the university and with other employers prior to the date of
termination. Employees
may also consult with Human Resources to identify comparable vacant positions
within the university for which they may qualify.UPPS No. 04.04.11, University Classification and Compensation Policy, establishes
the procedures the employee and hiring department must follow in order to
transfer an employee to a vacant position.